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(영문) 전주지방법원 2013.03.29 2012노1425
장물취득등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. The judgment below did not have any history of punishment exceeding a fine, deposited 6,440,00 won for the victim corporation/dopco, and deposited 6,040,000 won for the victim corporation/dopco, and reflects the depth of the crime. However, the amount of oil acquired by the defendant as stolen is not only 742,00 liters but also did not recover from damage by disposing most of the oil acquired as above, and other circumstances, which are the conditions for sentencing as indicated in this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, are considered to be too unreasonable. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, among the judgment of the court below, the criminal facts of paragraph 1(8) are as follows: “from June 22, 2011 to June 22, 2012”; “G” in paragraph 2(4) as “C; “The amount equivalent to KRW 62,4190,000” in paragraph 3(3)(9) as “the following is added” knowing that it is an stolen; “Article 35(1) of the Safety Control of Dangerous Substances Act in the context of application of the law is amended as “Article 35 subparag. 1”.

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